February 21, 2002

Board of Ethics
February 21, 2002



Chair Harry MacLean called the meeting to order at 1:45 p.m. Harry MacLean, Christopher Weimer, Carolyn Lievers and Charles Savage were present.

It was moved, seconded and passed unanimously to accept the minutes of the January 24, 2002 meeting as drafted.

Staff Director Michael Henry reported to the Board that 109 of the City’s top-level managers have completed an 8-hour session of ethics training and that 4-hour training sessions are currently being organized for approximately 400 mid-level mangers in March and April.

Harry MacLean discussed the need for a process for reviewing absences of board members. Christopher Weimer moved and Charles Savage seconded that the Board shall adopt the following policy. The motion passed unanimously:


1) The Board’s staff director will contact each Board member approximately two days before each meeting to remind him or her of the meeting.

2) Each member is expected to attend at least 75% of the meetings each year.

3) Each Board member should notify the Board’s staff director of any expected absences from Board meetings as soon as possible.

4) If a Board member has been absent for 3 consecutive meetings, the Chair of the Board will send a letter to that member indicating that pursuant to Section 2-53 (e)(2) of the Code of Ethics, the absences will constitute a resignation unless the Board, by vote, excuses the absences for good and sufficient reasons. The letter will give that member an opportunity to explain the absences and request that they be excused.

5) The Board will make every effort to keep its meetings on consistent days so that Board members can plan ahead.

Harry MacLean and Michael Henry and Christopher Weimer reported that they presented the Board’s first annual report to the City Council Personnel and Safety Committee on February 13, 2002. Harry MacLean proposed that the Board might wish to reconsider the Resolution Regarding Political Activities adopted by the Board on January 24, 2002, in light of several unfavorable comments by City Council members. Charles Savage volunteered to redraft the Resolution into a voluntary agreement.

Consideration of Waiver Request by Police Division Chief Daniel O’Hayre – Case 02-4

Police Division Chief Daniel O’Hayre requested a waiver from the provision in Section 2-59 (b) of the Code of Ethics which prohibits City employees from being in a direct line of supervision of members of their immediate family. After discussion, the Board agreed to grant a waiver, with the full reasoning to be set forth in the letter to be sent to Division Chief O’Hayre. (Section 2-54 of the Code of Ethics requires that meetings of the Board of Ethics to consider waivers shall be open to the public.)

The next meetings of the Board will occur at 1:30 p.m. on March 21, April 18 and May 16, 2002. Following that, the meetings will return to the fourth Thursdays of each month. Note: anyone interested in attending a meeting is welcome to telephone the Board office to confirm the time and locations, as they sometimes change.

It was moved, seconded and passed unanimously to go into executive session to deliberate on cases 02-1, 02-2, 02-3 and 02-5. (The executive session recessed and the Board returned to the open session to obtain some facts and have a discussion with City Engineer Lesley Thomas regarding case 02-5, then returned to executive session for further deliberation.)

Respectfully submitted,

Michael Henry
Staff Director